About H1-B + H4 (waiting H1-B) travel to home

[Jhunka]

Hi,

I am in a fix right now. I had applied for H1-B for my spouse and waiting for her approval notice. In the mean time we are/were preparing to go to India, during Oct-Nov.

Now the problem is, both of us would need to stamp new visa, since my initial visa duration had expired in US, and both of us got extended I-94.

Question: Should we attempt travel? My wife will appear for H4 visa along with me. If she applies for H4 visa, and her approval notice is already there, would there be any problem for her H1-B?

In a big fix right now. Any help, clarification, pointing to some resource will be very useful.

thanks
Amit

[anitashetty]

travel during H1 waiting

I am in a similar situation waiting for H1 approval. According to my attorney and various immigration websites. It is not advisable to leave the country untill the H1 is approved. It seems travelling while the petition is pending deems the petition is abondoned.

Just to give you an idea.